Unit Four Outcome One

Question 1

What’s the reason for a court hierarchy?

Answer 1

• It allows courts to develop expertise.
• It provides a more efficient use of resources.
• It allows for appeal
• it is essential to the operation of precedent.

Question 2

Role of VCAT

Answer 2

VCAT, The Victorian Civil and Administrative Tribunal consists of 15 different boards and tribunals, to provide a fast, efficient and accessible resolution of civil disputes in a range of areas. there are three divisions of VCAT each containing lists that specialize in areas of law these are administrative division, civil division and human rights division.

Question 3

Dispute resolution methods used by courts and VCAT

Mediation

Answer 3

The process where two or more parties with the help of a mediator, attempt to resolve their disputes between themselves. The role of the mediator is to facilitate discussion between the parties in order to help them reach a resolution, it is not to negotiate or make decisions. mediation is not legally binding.

Question 4

Strengths and weaknesses of dispute resolution methods

Answer 4

Strengths 
- Less formal and confrontational 
- Cost effective
- Helps to preserve relationships
Weaknesses
- Decisions are not legally binding 
- There is no appeals
- One party may dominate the other
Strengths and weaknesses of judicial determination
- Decisions are legally binding
- Expensive fees associated with courts

Question 5

Strengths and weaknesses of the way courts operate to resolve disputes

Answer 5

Strengths in court
- Due to the strict rules of evidence and procedure both parties are treated fairly
- The decision reached is final and legally binding
Weakness in court
- Time-consuming
- The formal setting of the court room can be intimidating

Question 6

Dispute resolution methods used by courts and VCAT

Conciliation

Answer 6

The process where two or more parties with the help of a conciliator. The role of the conciliator is to facilitate discussion, listen to evidence and arguments and suggest solutions. Any decisions made in conciliation are not legally binding.

Question 7

Dispute resolution methods used by courts and VCAT

Arbitration

Answer 7

The process where the arbitrator listens to the evidence and arguments between the parties and make a legally binding decision on their behalf.

Question 8

Dispute resolution methods used by courts and VCAT

Judicial determination

Answer 8

Involves the parties to the case presenting arguments and evidence to a judicial officer who then makes a legally binding decision about the case.

Question 9

Strengths and weaknesses of the way VCAT operate to resolve disputes

Answer 9

Strengths
- Less formal method of dispute resolution
- Low- cost method of resolving
Weaknesses
- Avenue for appeals is limited to only questions of law
- The cost has risen due to parties seeking legal representation

Question 10

Magistrates original criminal jurisdiction

Answer 10

summary offences, indictable offences heard summarily, committal hearings, issued warrants and hearings on bail application

Question 11

magistrates original civil jurisdiction

Answer 11

claims up to 100,000 for all civil matters, claims under $10,000 are sent to arbitration

Question 12

magistrates appellate

Answer 12

no appellate jurisdiction

Question 13

county court original criminal jurisdiction

Answer 13

Indictable offence such as rape and armed robbery

Question 14

county court original civil jurisdiction

Answer 14

personal injury claims for an unlimited amount

Question 15

county criminal and civil appellate jurisdiction

Answer 15

appeals from magistrate on a point of law

no appellate jurisdiction

Question 16

supreme original criminal jurisdiction

Answer 16

only serious indictable offences such as murder

Question 17

supreme original civil jurisdiction

Answer 17

able to hear cases being claimed unlimited

Question 18

supreme appellate criminal jurisdiction

Answer 18

appeals in all cases on a point of law from mag

Question 19

supreme appellate civil jurisdiction

Answer 19

appeal in all cases on a point of law from mag and some divisions of VCAT

Question 20

court of appeal original criminal and civil jurisdiction

Answer 20

no jurisdiction

Question 21

court of appeal appellate criminal jurisdiction

Answer 21

appeals in all cases from county or supreme

Question 22

court of appeal appellate civil jurisdiction

Answer 22

appeals in all cases from county or supreme

Question 23

original

Answer 23

courts power to hear a case on the first instance

Question 24

appellate

Answer 24

courts power to hear a case on appeal

Question 25

civil

Answer 25

protects the rights and obligations between parties. disputes between two parties that occurs by the rights of one party being infringed by the other party

Question 26

criminal

Answer 26

dispute between the state on behalf of society against an individual or group that occur as a result of acts against the law, and are harmful to society

Question 27

problems of court hierarchy

Answer 27

• precedent set by a higher court may be disapproved or distinguished by a lower court or it may not be appropriate for the case.
• appeals add to the cost of cases

Question 28

Magistrates specialist divisions

Answer 28

The drug court division- set up in 2002 deals with offenders who plead guilty to drug related crimes, who have a drug problem or committed an offence under the influence. the emphasis of the court on rehab or breaking the drug habit that caused the offence.

Question 29

county court processes/ divisions

Answer 29

The sexual offences list was established in 2005 to manage pre-trial hearings, in sexual offence cases, with the aim of facilitating a more efficient trial process. it is designed to identify, define and resolve issues therefore being more responsive to the vicitims

Question 30

supreme court divisions

Answer 30

the victorian costs court is a division of the supreme court that commenced in 2009, it is responsible for hearing and determining the taxation or review of costs of proceedings in the supreme, count and mag court and VCAT